^. 


5>^.\% 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


^  Ki    112.2 

E  lit  ■- 


Hiotographic 
Corporation 


23  WIST  MAH 1  STREET 

WEBSTER,  N.Y.  14SS0 

(716)  873-4503 


'^ 


4r 


Ld> 


CIHM/ICMH 

Microfiche 

Series. 


CIHIVI/ICIVIH 
Collection  de 
microfiches. 


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Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


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n 


D 
D 


D 


D 
D 


D 


B 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommag^e 


Covers  restored  and/or  laminated/ 
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Cover  title  missing/ 

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I      I    Coloured  maps/ 


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Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


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Includes  supplementary  materii 
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I      I    Quality  of  print  varies/ 

I      I    Includes  supplementary  material/ 


D 
D 


Only  edition  available/ 
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This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film6  au  taux  de  reduction  indiqud  ci-dessous. 


10X 

14X 

18X 

22X 

26X 

30X 

I 

12X 

16X 

20X 

24X 

28X 

32X 

tails 

du 
sdifier 

une 
f^iage 


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to  the  generosity  of: 

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The  images  appearing  here  are  the  best  quality 
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Original  copies  in  printed  paper  covers  are  filmed 
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first  page  with  a  printed  or  illustrated  impres- 
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or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  •^►(meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

IVIaps,  plates,  charts,  etc.,  may  be  filmed  at 
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right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


L'exemplaire  film6  fut  reproduit  grSce  d  la 
gAn6rosit6  de: 

Bibliothdque  nationale  du  Canada 


Les  images  suivantes  ont  M  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  netteti  de  l'exemplaire  filmd,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimde  sont  film6s  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  film6s  en  commen9ant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ►  signifie  "A  SUIVRE  ",  le 
symbole  V  signifie  "FIN  ". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
film^s  d  des  taux  de  reduction  diff^rents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clich6,  il  est  fiimd  d  partir 
de  Tangle  sup6rieur  gauche,  do  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  mdthode. 


errata 
to 


pelure, 
}n  d 


n 

32X 


1 

2 

3 

1 

2 

3 

i      4 

• 

6 

•■Xv 


1     L 


■^^- 


.  piwi^- 


/     /       ^ 


o  ■"■ . 


■-^ 


>'    r^^re 


-/:> 


'p(X-f^(i4:)^--'^-r' 


2  .  ?.  '^-^ 


<':3.^' 


AN 


^"^INTERESTIMG  TRIAL 


V- 


OF 


,<»♦ 


f»EDWARD  JORDAN, 


.%:;• 


* 


AND 


.■*•••• 


fC'^V 


•:      MARGARET  KIS  WIFE, 

'   — .  '-^  ■  •'  ■  '  '  •,'■■■/ 

WHO  WBT.E  TRIED 

'  AT  HAUFAX,  N.  S.  NOV.  15tli,  ISO^t;  ^ 


-■s^^ 


FOR   Tlie* 

'lIORtllD.  CRIME. ^F 


:  •   '•"v    ,.'  i.  ^'     '■ 
V-    ■■       '■•     •    /,'■.  '*. 
.    .  •,■   ■■     ..L  •>'■'■  •  - 


Piracy  AND  murdbp^ 


COMlMlTl'KD  ONBOARD  The 

SCHOONER  THREE  SISTERS, 


CAPTAIN  JOHN  stairs;^ 


ON  THEIR  i:,';#  :-t. 

PASSAGE  FROM  PERCE,  TO  IL^LIFAX../. 

WITH     A     PARTICVTAR   ACCOUrr    OP    THE    EXiXUTION    ,  OF  •.  SAa»;'*: 

JORDAN. 

BOSTON  : 
PRINTED  NO.  7,%  STATE  STREET, 


4 


■iir..!--.'  •' 


^'OR  SALE  THERE,  AND  AT  NO.  52  ORANGJi  .STREl-*r, 
PRICE  20  CENTS  SINC1,E>  160tER  UOTIEN. 


ps 


I 


•W«4 


.■■J 


St 


'    'A 


15'    .   -. 


V, 


/:•■ 


•>•   A     V 


'  V 


Va.*»  ../•"-•      '     V(    .,.     •.    v-^iip-;-      ;    •..'•'•V. 


\ 


■< . 


Vr'sj 


/ » 


y  ■-•^'v.-aj'  ^ 


B»'  '~.\    <■. 


v>>  v. 


I 


v/:i 


•T." 


..      ),, 


^XS'JV 


-.■4 


<  .  . 


•;f 


■-.'■>;. 


■    1    •, 


■■':»-4'*^.' 


t  V.'';  '•i  • 


;■': -f     < 


#    - 

• 

< 

; 

TRIAL*  OF  ' 

* 

* 
t 

•-      ** 

-'■■■.'  * 

■■■;■,/•■. 

JORDAN,    &c, 

— ■♦  t  . 

r    '     V-.. 

■».  .- 


•■*'v:.--\: 


-\>f 


■    -»»  t   .4 


"*     r       ' 


■On  Wednesday  last  a  special  Court   of  Admiralty,  con-  ^r"- 

vened  under  the  Senate  of  the  i  ith  and  1 2th   of  \ViU>>^^ 

'    .  liam  and  Mary,  was  held  at  the  Court-House  in  HalU  ,1-. /.^ 

fax,  for  the  Trial  of  ED  WARD  JORDAN,  and  MAR- ;<%: 

,     ,  GARET  his  wife,  charged  with  the  crimes  of  Piracy^ ^'^ 

. '"  and  Murder.  >^The  Court  consisted  oi  the  folio win^'f^*;;J^ 

.  ,   jnembers  :  -  ''■■■ty.rM: 

HIS   EXCELLENCY  %'-l^^f^ 


Sir  George'  Prevost,    Baronet, 

Lieutenant  Governor  and  Commander  in  Chief  in  and ''?^^ 

over  his  Majesty  s  Province  of  Nova  Scotia,   and  its   ;^^ 
'  Dependencies,  ic.  t^c  &c.        ■ '^    '  Ji'^  >^ :»|/' " 

'    -~Presidentt 

The  Right  Honorable 

'       Sir  John  Boriase' Warren,  B.  k.  b.  &  k.  c.  ''^f't'"^ 


'If. 


/v. 


•}•» . 


One  of  the  King's  Most  Honorable  Privy  Council  for  thc^    .^ , 
"■■■  Kingdom    of    Great-Britain,   Vice  Admiral    of  the  S-f-^ 
;  ,  White,  and  Commander  in  Chief  of  all  His  Majeity*;^-^ 
•   '  Ships  of  War  on  the  Coast  of  North  America.        ♦  .  vT*  ' 

i'       .  THE   UONGRABLB  .'■*(/;•.-"'.     "*V 

'    Sampson  Salter  Blowers,  Esq. '  *  '  V-  ..^ 

jChief  Justice  of  the  Province  of  Nova  Scotia-  and  Pr6 
sident  of  His  Majesty's  Council  for  tlie  Province. 


^^fl^^f. 


■  'i- 


-i/^-;^ 


.^i*^ 


►•» 


i"6   ••  • 


;  *■■ 


rloji.  John  Butj,ili(,  E:,q  ••     . 

.    *  -^    MicHALL  Wallace,  Esq  "    ■      ' 

Edward  likADAzoN  BrkhioN}  Esq.:, 
~  **    <    Charlks  Hill,  E>q.        '  ^ 

"        Kicharo  John  Ukiake,  Esq..  / 

,-',  ,-<  .    '•  Charles  Morms  'Esq. 

•'  f      '    ■''-'rMimf'rtu  o/.H'u.  Mtjcsty's  Councti*  ^^ 

RoBRRT  Lloid,^!;  q.  Commander  6f  His  Majesty's  Shij*, 

GlifhURlfcR, 

John  Conn,  Esq    Commander  of   His -.Majesty's  Ship 
.       ,,       I     Swift^ure.  ■       -       •  ^ 

|C^%:t^*«;  '  /'The  Right  Honorable  Lord    James    Townshend    Com- 
^4  TVs'*     mandcrof  His  Maje  ty*s  Ship  /Eolus. 
'JV"       ",',  John  Simpson,  Esq.   Commander  of  His   Majesty's  Ship 


■S' 


.■■.'•"■V.'-'.v/  '• 


"5-.. 


^  \; ' .  • '  f'  Xa.  Furieuse* 


Province, 
the   Cus- 


|7?i^-.V^^,>  SAMUEL  Hooi)  George,  Esq  Secretary  of  the  T 

^jt»3. '  V  ^XiiOMAS  Nicholson  JcFfSHY    Esq.  Collector  of.t 
i^^:^^/V^:vJ/toms  for  the  Port  of  Halifax.  '    . 

^'*" -Sl^"  ?■  The^Hyn.   Andrew   Belcher,  who   was  in  the 

^^1'^^  ^  "MCoriimisfioMaiid  appeared  on  the  fiench,  declined  talcing 
"">/  ^^'i;C-  v^i'^^cat — having  axii|li}iirect  interest  in  theVedhel,  as  ar> 
c-^.iV,    Underwriter*  "         > 

,T       CroffOn    UNrAKE,'Esq..  Bannister  at  law,  officiated 
^;t,  .J,  ^,  ^  a*Registerof  the  C.  urt.  , 

St5;i  •  "*.  .^ .     '**''2  Pre ndent,  having  iirst  taken  the  oath  himself,  ad- 
mlai-tercdit  to.the  reotofthe  meiubers,  asi   directed  by 
•     the  Statute/         '     ^i 


1:3  'l. 


V 


.1  ■ 


I-;.;   ■'''•-•f-i:., 


^\  K~ 


The  Court  being  opened  and  the  Prisoners 

'^  put  to  the  J3ar,  James  Stewart  Esq    Solicitor 

.,{  Generafof  the  Province,  who  conducted  the 

>  prosecution   (the  Attorney  General    having 

tikeri  his  Seat  on  the  Bench  as  a  Member  of 

ills  Majesty's  Council)  presented  to  the  Court 

the  articles  of  Allegation  against  the  prisoners, 

upon  Nvhich  they  were  accordingly  arraigned. 


'■<?. 


c."-"- 


t».  .:* 


,-.v 


><>.• 


>■.  ;t 


v/^H: 


■>♦ 


/•3V^-;>.*, 


"N'?'>; 


* 

Majesty's  Slii|k,  ...^ 

lajesty's   Ship 

NsuENo    Com- 

Vlajesty's  Ship 

the  Province, 
of.the   Cus- 

3  was  in  the 
^clined  taking 
Veahel,  as  aij  . 

■  V 

iw,  officiated 

t  himself,  ad- 
directed  by    ' 

J  Prisoners 
[  Solicitor 
iuctecl  the 
il  having 
Member  of 
the  Court 
5  prisoners, 
arraigned. 


and  on  their  arraignment  pleaded  Not  Guilty )  . 
>vhen  the  Court  adjourned  until  the  next  day,  , 
for  the  trial  of  the  prisoners.  ,    '  *^    ' 

•  Thursday^  No,v.  16.    ^• 

The  Court  met  agreeably  to  adjournment,  * 
and  the  prisoners  were  again  put  to.tjie  B^r,  tr 
having    for    Uieir  counsel^5.  .B.  Rob|je,j,a^(i;.j 
'  Lewis  M.  Wilkins,  esquires.  -.    "  '  vl, 

Foster  Hutchinson,  esq.  as  one  of  .thecpun-* 
sel  for  the  crown,  opened  the  allegation,  and  /;; 
stated  to  the  Court,  the  law  relating  to  Piracy,  •- 
as  well  as  the  Statute,  under  the  authority  of;'.- 
which  the  Court  was.appointed.    After  which 
the  solicitor  General  opened  the  case  at  large, -'^ 
and  stated  the  particulars  ,of.  the  evidence,  { 
'upon  which  the  articles 'of  allegation  wero^.. 
founded.  .  Hejhen  proceeded -to .  the  examin-^rj:^ 
at^on  of  Witnesses  on  the  part  of  the  Crown.  > 
JOHN  STAIRS,  sworn—       !  ^     ^       )/' 

Q,.  What  is  your  profession,  and'  occupatiqin . v 
in  life  ?  .     /  -     ^<y<i>p 

-  A.  A  Mariner  and  Ship  Master.  ""^  ^V:^^ 

(si.  Wlut  ship  or  veatel  did  you  last  com-., 
mj^nd  ?    '  j''-.  ;.^/'..' ■  •j^if^i.'i'.. 

'.    A.  The  schooner  Three. Sisters.   .  *  ^ 

•Q,.  Who  gave  you  command  of  the  ThraiiB'^.. 

:  A*  Jona^than  and  John  Tremain.  k      > 

.).  Q,.  When,  and   where,   did  you- take -the  n. 
'<;opim;ii)d  ?  ■'';-;/ 

/A.  The  15th  July  last,  at  Halifax.  t. 

U.  On  W'liat  voyage  did  you  sairvvithJi^r-/ .  • 


■  \ 


^.[:.k 


>.f 


*  • 


■./■■?    1..! 


'«.,.•■.  :;  V* 


^■■i^. 


,  [6'  ]- 

A,' To  Perce,  for  the  purpose  of  procuring 
'  a  cart^o  of  iish,  Jordan  had  promised  to  deliv- 

err^We  sailed  on  or  about  the  I7tli  July. 

V  Q,.  Who  sailed  with-  you  in  the  schooner  ? 
'•  '  A.  John  Kelly,  mate  ;  Thomas  Heath, sea- 
''man  an!  pilot;  Benjamin  Mattlievys,  seaman  ; 
'^and 'Edward 'Jordan,  and   Patrick  Cinaett, 

passengersr— the  latter  was  sickly.       ,' 
*^'^^'Q,.*'When  did  you  arrive  at  Perce  ?   ' 
»Xv*'A.^he  latter,  end  of  July,,  or  first  of  Aug. 
^J-' 'Q.  *Did  you  take  in  a  cargo  at  Perce  ? 
*^*   A.'  Part  of  ta  cargo — on '  freight  200  •  Q,uih- 
.'•tals  froiri' Theophilus  Fox  ;  300-  from  Wm. 


* 


mf  ^  i  t'Driscoll  Y .  and  about  90  or  1 00  f ronv  the  pris- , 
^^^^  account  of  my  owners*  J. .and 

'B^'^J.^Vemain:v-'  '^•'^  ':■--  "   •  '  '  -    -^^  -•%   • 

;^^5:^./:q.:'  When  did  you  sail,  from  Perce  ?  ^      '  '} 
^^<J^;  •ft.^^A.  On  the;.  10th  September,  for  Halifax.  ^ 


■Si 


V  »*ifi;t.^J>- .    ^* 


Gi.  Nam,ejhe,  crew  and  passengers' "then  oh  '^- 
^board?   '"^'-^  •■      ■  • 


>^:^^J      A.  Mys6lf,\  John  .Kelly,    Thomas   Heath, 

:  j^V?    Benjamin:  Matthews,  Edward  and  Margaret 

;^^rfr.'' Jordan,  the  prisoners;  and  their  four  children — 

;\%' Ki; »  three  girls  and  one  boy. 

^•I'  ^    Q.  Relate,  fiiUy  and 'distinctly,  all  the  cir- 

"^A-^^-V  'cu'mstances  that  occurred  on  your^voyage  from 

Perce  to  Halifax  ?  ' 

A.  Nothing  material  happened  until  the 
'13th  Sept. 'when,  between  Cape  Canso  and 
White  Head,  myself  and  crew,  except  Kelly, 
who  was  at  the  helm,  went  forward  to  trim 
|he  sails,  the  wind  coming  off  the  land.  .  13e- 


ritr 


^  '»• 


m 


^ty- 


>..i 


"m: 


•SI""'. 


>.,>■. 


:+;.'. 


,<*:(c 


: 


•^tween  1 

the  purj 

.sun,  anc 

stand  in|j 

sky-ligh 

.  Heath 

,  looking 

.down  tl 

led,  an 

from  w 

face,  ar 

on  his  1^ 

killed''- 

When  ] 

effects.  ( 

went  to 

the^trur 

taken.- 

could  n 

deck — ( 

•er,  Ed^ 

— one  c 

an  axe 

left,    i 

God^s  i 

wards, 

graspec 

and  thi 

,  mate  t( 

€vyer.— 

nc  api 

>3ytWs 


I- 


.^•r 


juring  •: 
deliv- 


eii  oh '^^ 

[eath, 
rgaret  ; 
ren — 


r  the 
)  ancj-^ 

trim 
.  13e- 


-tween  H  and  12   o'clock,  I  went  below,,  for   . 
tiie  purpose  of  getting  my  quadrant  to  take  the   ' 

.sun,  and  was  sooniollowtd  by  Heath  ;  I  was 
standing  near  the    table,  directly  below  the,  • 
sky-light,  turning  over  the  leaves  of  a  book— ,  . 
Heath  near,   but  rather   behind  me  ;  -when  . 
looking  up,'  I  saw  Jordan  presenting  a  pistol ^  J 

.down  the  sky  light,  I  thought  at  me ;  •  I'  start- ^7. 
led,  and  tlie  pistol  was*  discharged— th^j ball  j!^ 
from  which  grazed  my  nose  and  side  of  my  ^ 

.  face,  and  entered  the  breast  of  Heath,, 'who  fell  jj, 
on  his  knees,  and  cryed  :  **/o//  myGqd,i'am'.^^f 
A:/7/^rf"— Heath   soon  after  crawled  on  deck,  'v.^ 
When  I  recovered  from  my  fright,,  and  first ^Z^. 

,  effects,  of  powder  which  lodged  in  my  face,  IV^ 

.  went  to  my  trunk  formy  pistols: — but  1  found"  *j* 

,  the( trunk  had  been  forced  open,  and  the  pistols ;**:j 
taken. — I,  then  searched  for  my  cutlass,  but  « 
could  not  fmd  it.  » I  then  determined  to  go  on  \ 
deck — on  going  up  the  ladder  I  me^t  the  prison-^  J^ 

;'er,  Edward  Jordan,  in  the  act  of  descending  ^  -^ 

— one  of  his  feet  was  on  the  ladder — he  held  .]* 

an  axe  In  his  right  hand  and  a  pistol  in  his  .^^ 

^  left.     I  seized  his  arms,  and*  begged  him  fot'j,] 

f  God's  sake  to  spare  my  life,  shoved  him  back-.  ^[ 

wards,  when  he  snapt  the  pistol— I  instantly    * 

grasped  it  by  the  muzzle,  wrested  it  from  him,  .^ , 

and  threw  it  overboard—rand  called, Kelly  the' ^^^ 

.mate  to  my  assistance,  but  he  made  me  no  an- 

6'jyer. — Benjamin  Matthews  came  hastily  aft, 

iic  aoD^ared  to  be  wounded,  and  fell  dovyn. 

^y  this  time  I  had  taken,  the  axe  from  Jordan^  ,  r 


1       *      ' 


•  '  V." 


ry 


.0 


'  ^, 


'■■  --^ 


•  ^JS<- 


• .     < 


'  ■■■mm 


J'  » 


^'•y 


t» 


:'/ 


^\. 


'anu  endeavoured  to  strike  him,  but  he   held 

*  me  80  forcibly  as  to  prevent  me. — I,  however. 
thi^Q^v  the  axcf  oVerboard.   I  again  called  Kelly    . 
but  his  back  was  towards  me,  and  he  in  the .: 

"  attitude  of  loading*  a  pistol,  When  Margaret; .  • 
Jof dan ;  sthuck  hie '  several  times  with  a  boat-  ^ 

*  hook  handle— bbservii^g.    *.^*  ;••  it  Kelly  you  !, 

•  watit — Tii^ivi'  yoi/  Kelly. ^*    l3efore  1  went  on. 
'  deckl^'distinctly'  heard  four  or  five  i)istol  re- 
.ports.'    Gn  coming  on  deck,  I  saw  Heath  lying 

•  dead  oh',(h6  starboard  side  of  the  vessel,  bleed- 

•  ing  very'  m\ich.    After'  disentahc;ling  myself  .„ 
from  Jordan'/ 1  Went  forward— Jordan  aft,  for  ^ 

*  anOth(?r'axe,'  with  v\4irch^  returning,  he  struck  / 
Mat^ieWd  thi'ee  or  four  strokes  bri  the  ba^k  of 

'Whe'ad.^JFindirtgnd  ClVance  ofm/Jife  ifM  . 
remain'^d  bnbpa'rd,  and  that  1  miglit  as  w'ell  / 
be*  drowned  as  shot,  I  threw  th^  hatch  over- 
board, jumped'  after  it,  and  got  on  ;  "v^here  I 
remained  about  three  hours  and  a  half,*  when 
I  was  picked  up  by  an  American  fishing  schoon-. 
er,^ in  a  weak  and  almost' senseless  state-^on    . 

,  recovering  a  little,'! 'tt)ld  the  Captain  what  had  .^j 
happened — ^then  \veht  on  deck,  and  borrowed 
a  spy-glass,  With*  which  1  savvy  one  or  two  sail.  , 
of  vessels *iat^ a  gi'eJit  distance. to  leeward— I     , 

.  asked  the  CaptJiin,^  to  bear  away  and  see  whilt  ;^  ; 
they  wfere,'thinki]ig  one  might  be  t lie  Three  ... 
Sisters,'  hut'he  refused — saying  that  if  he  went    . 

N)'atf  of  hisvbyage,  and  any  accident  happened..', 
10  him,'  the^undelwriters  ^^ou]d  not  pay  the  :  - 
Insuriilice'.-^I  then  asked  him  to  keep  the  shore 


>' 


•).. 


V 


^•♦tw 


♦.•rr,.,^---^. 


h  '■■  i- 


-•. 


IV 


i 


y 


he  Iield 
lowever. 
ed  Kelly    , 

le  in  the .; 
Vlargaret; .  i 

a  boat 
(dly  you 
went  bu. 
j)i8tol  re- 
ath  lying 
el,  bieed- 
g  myself  . 
1  aft,  for  ^ 
he  St  ruck 
e  ba9k  of 
rTifeif'.I. 
It  as  w.ell  ' 
tch  over- 

v^here  I 
If,  when 
gschoon-. 
itate— on  . 
what  had.  ^» 
)orrowe!d 

two  sa)l.  , 
•ward— -I  . 
see  w'hiit  jj  ; 
ie  Three  ,. 
he  went  . 
lappened..., 

pay  the  ;  - 
the  shoj'e 


i:  .9  3 


*.%' 


>' 


•!i» 


*  V  ***  ■ 
r  •*  \  . 

t 


;'. 


.V, 


V 


a-board  and  land  me  at  Halifax^ — he  said  ho 
Would,  was  he  not  afraid  of  having  his  men 
impressed,  as  on  his  outward  bound  passage  ho 
had  his  pilot  taken  by  the  JJrearn  or  Mullet 
schooner.    I  then  told  him  he  might  perhaps 
be  enabled  to  put  me  on  shore,  before  he  paa-  ^ 
sed  Cape  Sable — but  as  the  wind  was  not  .fa-  , 
vourable,  we  went  directly  to  Hingham,  (Mas- 1 
sachusetts)  from  thence  I  travelled  to  Boston, ^r. 
where  I  published  the  circumstances  in  tha'^  *" 
newspapers,  and  had  circVilar  letters,   describ-;  r  j; 
ingthe  vessel,  and  persons  of  Ktlly,  Jordan^  l'  ^;,- 
his  wife  and  family,  sent  to  the  Collectors,  iul'/^/, 
the  American  ports  by  W.  S.  Skinner, ^  esq..'/ J, 
acting  British  Consul.  v       v  -     .f  V^  y;gy 

i^.  By  the  Court — Were  any  persons  !oJi^i;•;^^^ 
board  intoxicated,  on  the  forenoon  of  thy  13tlr  i^ " 
September?,    ■.      _  '      .    '' :^l/..:V!>:^f  3?'^!^- 

5  A.  No— They  were  all  sober, '  ; ''  ^.r';:'^ 

(si*  Where  were  the  Pris«)ners'^  children,  'ar.rji;|' 
the  commencemeut  and  during  tho  diitaib 
^nce  f       ■'  ^         ^ 

A,  Aft  on  the  quarter-deck. 

U.  Where  was  Margaret  Jordan  I 

•  •A.  On  the  quarter-deck. ' 

•  i^  When  you  went  down  to  the  oaUn,  were.    S- 

all  the  other  persons  on  board  yn  deck.  .  ' .- "j  1>  'f< 

.'-:  A.  Ves.  /  •'.,  '*•,>  '■•;'v/\ii.": 

- '  Q,.  When  had  you  been  to  your  Trunk  prcT;/;  , 

Vious  to  your  goin^  down  for- the  quadrant  ?. '    ;.*C 

A.  About  10  minutes  before — 1  went  lo;:Jt.   V' 

for  a  book.  •  -:  •   •. 

..  •  •  ■'  ''  ■;  ■     -■■■•:■  <!:^:j\^>i 


A 


•f* 


p.. 


»■■♦ 


^^^\ 


■    'i-i 


&^  .'V'  ■  opened  it  ? 


[   10  ] 

Q.  .After  taking  the  book  out,  did  you  again 
lock  the  trunk  ?  ' 

/a!  Yes— and  went  on  deck. 

Q..  Were  the  nistols  in  the  trunk  when  you 

1   •-•'•^■■-5  <* ■ '  1      .  '   " 


'    Ji  ■'•  <      ,    . 

,'     '.V    .      ■   J      . 

t, 
•*  J. 


■     1  •' ' 


r-TiA 


pistols  fired  yours  ?.  .     ,. . . , 
V  A.  I  do  not  know. 

Q.  Are  you  clear  and  positive  that  the  pris- 
oner Margaret  Jordan,from  the  time  you  went 
3.       '  into' the  cabin  for^your  quadrant  until  you  re-: 
&•.;' turned,  wa§;ond?ckt I   ^.    ;  *      >    ^-;^' 
|^y..-,>-:v;'  A.  Yes<  >  ■•..'■ 

^^^,.,-    .  !'  'Q-  'On  what  part  of  the  deck  stood  Margaret, 
JB'!;^!-:      Jordan -when, you  csjime   up  from  the  cabin — 
"'        ,  liad  she  ^,  boat  hook  hj|,ndle  in  her  hand-r-and. 


tii-N*- 


p^^/!Ji  what  was  fihe  doing  ?  - 

V  'a.  She  was. on  the  quarter  deck — and  had 
tevi,  _  •    hold  0^ 

^w"^';;*^^^*  Had. either  of  the  prisoners  been  in  the^ 
y.i.'/  -  cabin  from  the  time  ypu'first  went  to  the  trunk,, 
|iW     until,  you  went  foe. yoijir  quadrant  ? 
te  ;<  ,::;^^A/I  do  not  know. 

r>r  V    '      Qr  Are  you  positive  that  when  the  prisoner, 
5t"  ''      ^  p.  J.  snapped  the  pistol,  its  contents ,  were  .in-, 
tended  for  you  ? 
?/A.  I  am  positive. 

'  ^'  Q..  Did  you  receive  any  material  injury  from 
the  blo^vs  given  you  by  Alargaret  Jordan— or 


r 


,^-  *  ... 


y,    [  )  »     "/..>• 


;>■ 


rou  again 


vhen  you 


;</;■/  ;;'■ 

.   ''..-^ ::..■•  ■••■ 

:  the  pris-- 
row  went 
il  you  re- 


.   ■       ■    «      '     I.     1 


Margaret, 
3  cabin — 
ind*T-an,ct 

-and  had 

en  in  the^ 
he  trunk, ^ 


prisoner, 
were  in- 


ury  from 
I'dua — or- 


!• 


did  they  disable  you  in, any  respect  from4€>**..'r 
fending  yourself  agahist  her*  husband  ?  ,-      •  ^    "^ 

/A.  No.  "  -    .,     ' 

Q,.  Had  there,  previous  to  the  firing  ofthe'  ^ir;  - 
pistol,  been  any  dispute  or  quarrer  betvyeea.  .^ 
you  and,  the  prisoner*  E.  Jord|in  ?        v .     \  /  * . ...  . 

A.  There  had  noti     ;-■''     '        '  *'   ;/:  i'^- 

U.  Can  you.give  any  account  ho yv^y,ourpis-\^ 
tols  were  taken  from  the  cabin  f.  \  ; . :  v    >  I  s-  i  >  '  ^ 
A.  No.  ■  ^  :;      "   'v'-v  ■' 

Q,.  Did  you  hear  Matthews  say  any  tfijng,./   i. 
whereby  you  could  iinderstand  how  lie   be  :-".  * 
came  wounded  f    .-'  *      ^c     > 

•  A.  No — he.  only  said ;  *♦  for  God*?  sake  do;   t> 
not  kill  the  Captairii**'/       '''^  ';;,^  '^j;:V 

ft.  By  prisoner — ^had  .you  any  pistols  0^^:.^ 
your  own  on  board  the  schoo^ier  when  you  Ipft i'  '  5^, 
Perce  >-."••'■*" '^  -v'    ''-^"  ^^^'- %-■/■■ -^.•^^'^'■'. '^  •■.;;. 

-A.  I  had.."  -:    ■''  •   ■■■'■:''  ".;-;-'7'  ■^'^%: 

Q.  Did  you,  or  didyou  .not,  sell '.your  pistj^  i 

tols^-Ga^e?''^'.';-^'  ^^'   ^''^^'^■•'    -■•^^^^^■^^^^^^ 

•  A.  I  sold -a  pair  of  pocket  pistols  to  an  army:  ? 
officer  there.:         '       '    ,'      '  ^  ^  >-^'V^  '  .   i^' 

•^     JOHN  PIGOT,  sworn : 

Q.  What  is  your  occupation  ?, 
'^  A.  A  fisherman,  and  laborer,.,  at..  Fortune 
Bay,  Newfoundland.   '  ■  > 

Q,.  How  long  have  you  been  there  I 
'  'A;  P^ive  years  next  spring. 

Q.  How  long  is  it  since  you  left  it  ? 

A.  Eight  weeks  tomorrow. 

•Q.'  In  whose  company  did  you  leave- it  ? ,  :. 


...    .  i.,.> 


;  rfr  /.' 


•■•■.1    c. 


.J4-^^ 


..V.        If. 


'r,«. 


'  I 


'•;■  ■.•'''A*"^{.,.>; 


?.t' 


»; 


•■    '  .'•.— ^7.•:■><^vf?^t.■■ 


ft  •■'' 


.^: 


•r 


■.■-  T)^ 


*^,    ■•< 


■  u 


»!> 


[  -12   J 


•      '^  I* 


■f-Vtr 


*  A.'In  the'prisoners*. 
^^^        (i.  Hy  what  name  did  tiie  prisoner  (Edward 
*?^(     Jordan)  go  when  first  you  saw  liini  ?  « 

A.  Either  John  or  Edward  Tremain^I  dO; 
not  recollect  whicli.  I    't  '    . ,;  ;    .  ,  ,-. 

Q.  When,  and'  wbei^e,,  clid  ^you  first.'  spe.  the ' 
prisoner,  Edward  J{?rdan  ?y      ;. 

'A.  0 n-  the  24 th  ^  Septj^n^berf lasl»;  t at  Xittle  • 
Bay,  in  Fortune  JBay. 

Q,.  Relate  to  the  Court,   how  you  became 
acquainted  with   the  prisoners' — What,  deal-, 
ihgs  yoti  have  had  with  therii ;  and.  any  .  parti- . , 
cular# )  ou  know,  which,  in  any  way,  relate  to 
the  circumstances  tiiat  have  occasioned  thei  pre-  • 
*  spnt*  prosecmtion, .    :,    .    ,f     ,  /    \ 

I  .v7Vi*  .        'A.  I  went  on  board  the  sch'r  Three  Sisters, 

-'A  r*Ji";     •, 


■^ 


';«;-.  ."-J 


'ii, 


t.5 


■    ■  c 


€r  (Edv^ard  Jordan)  to  come  to  Halifax^    The 
".next  day  (Monday)  he  told  me  tOpgo^  into  the 
hold  to  do  somework  ;  I  went — ^and  saw  that 
>.,the  fish  was.not  stowed,  but  tossed  carelessly 
^  about :   this  circumstance,   with   that  of  part 
of  the  hatcljf  being  gone,  alarmed^ne  ;  I  called 
t ;  Wm:  Crew"  and  told  him  I  did  not  likejo  go  . 
in  the  sch'r  to  Halifax  ;  he  asked  vvby ;:  I  an- 
swered, I  'was  sure  she  was  on.  the  runaway, 
.account ;  then  said  he  if  you  do  not  go,  I  will 
•   jiot/    I  wis  going  a  shore  in  the  evening  "vvitli 
W.  Crqw,  and  a  man,  who  said  his  name  was 
John  Stairs, '  but  whose  proper  name  I  soon 


».v 


:»; 


II 


^ard 

the' 
/ittle- 


[ 


'       V 


f 


•••a; 


<i-" 


[    13    ] 

found  out  was  Joh    Kelly^ie  called  himself 
the  captain  of  the  sch'r — 1  assked   iiiiji  lor  tlio 
protection  he  hud  promised  int',   wliith  v.ould 
save  hie  from  the  impress  at  llalllax — he   re- 
plied,   that  he  would  give  it  to  me  \a  lien  wo 
'  *got  to  sea — I  then  said  I  would  not  go  to  sta 
"vvithout  it.     Soon  after  we  lauded,  1  went   to 
one  liifford,  master  of  a  brig  lyliig  tliere^  ant^^ 
asked  him  if  Kelly  could  give  me  a  prbteLliou 
•^he  said  no — then,  as  1  wasiiot  intlined  to 
go  in  the  vessel,  1  thought  it  a  good  e.xcuie  to 
say  that  if  I  did  not  gvt  the  protection  j)ronii5ir 
cd  me,  I  AVouM  not  go,   and  dtnianded  it  of' 
Kelly,  who  said  he  could  not  give  me  one— ;! 
then  told   him  to  provide  a  muji  in  my  })li»(:e. 

"  He  .immediately     went    into,  tlie   comptuig 
house  of  a  Mr.  Thorn,*  and  soon  returned  with" 

-  the  prisoner,  Edward  ,:ordan,   and  told  hnn.^; 
refused  to  go  in  the  sch'r— he  asked  me  whatV^-*^; 

/  my  reason  was — 1  said  it  was  not>  my  wish  to   :'    ' 

^  go — Jordan  then  went  into  the  compting  house'   > 
and  mentioned  to  Mr.  Thorn  my  refusal,  who  ' 
came  out,  accompanied  by  a  Justice  of  the  • 
peace  ;  they  asked  us  why  we  would  not  go   * 
in   the  vesstji — Crew   then   said    bomething,  ' 
which  I  dicl  not  distinctly  hear,  to  Mr.  Thorn, 
who  imniediatelv  after  turned  towards  me,and, 
said  :  "  Pigot,  this  is  some  of  your  d^/ings ;"  I  • 
told  him  it  was  because  that   the  prisojier  and 
Kelly  had  not   fuliilltd  the  agreement  as  rcr 

"    spected  their  furnishing  me  with  a  j/roieui^n,^ ; 


(' 


Vww' 


'k!- 


a 


:-i.  w.' 


•■J 


irv/. 


■  » 


■4-1 


f<-. 


f*^ 


•.-f 


->:' 


v 


i 


which   would  prevent  my  bejng  pressed  on 
Ijonrd  of  a  man  of  war  at  Halifax. 

The  prisoner  then  told  Mr.  Thorn  to  give 
tne  a  bill  of  lading  for  100  quintals  of  lish, 
which  Mr.  Thorn  did.  Kolwithstanding  I  had 
got  the  bill  of  lading,  I  was  still-  afraid  to  go, 
and  hesitated  before  them  ;  which  Mr.  Thorn, 
«nd  the  justice  of  peace  observed,  who  said, 
if  I  did  not  go  immediately  on  board,  that  I 
should  be  tied  to.  a  flag-staff,  punished,  and 
Jiave  a  man  of  war  for  my  money.  I  could 
riot  help  myself,  but  carried  my  clothes  on 
board ;  and,  afterwards,  returned  to  the  compt- 
jng  house  of  Mr.  Thorn,  for  the  bill  of  lading, 
and  some  accounts,  I  had  left  there  :  I  again 
saw  Mr.  Thorn,  and  told  him  I  thought  he  had 
got  me  into  a  hobble  ;  iie  asked  me,  in  what 
way  ;  I  said  that  I  did  not  think  the  schooner 
was  bound  to  Halifax,  because  that  the  prison- 
er was  purchasing  articles  from  him  which  he 
could  get  much  cheaper  at  Halifax  ;  after 
which  1  told  him  I  had  a  grea;t  mind  to  take  the 
woods  for  my  money,  leaving  all  my  things 
on  board.  He  then  said  that  if  I  did  not  go 
on  board  instantly,  he  would  put  me  in  irons ; 
or  if  I  attemoted  to  run  away,  he  would  pub- 
lish me  in  rne  paper  in  such  a  manner  thrtt  I 
would  not  be  able  to  shew  my  nose  in  any  part 
of  Newioundiand.  Finding  myself  thus  cir- 
<:timRt.anced,  I  went  on  board,  where  I  w'as 
9^ain  questiomm  bv  Jordan  as  to  my  reasons 
ifttr  »oi  winning  to  go  in  tiie  schooner,  when  I 


Ht- ■-:•■*  V,.    ■  -■ 


I' 


*  *  ■ 


• 


*■' 


^M 


?ssed  o« 

to  give 
of  ii^h, 
irig  I  had 
id  to  go, 
*.  Thorn, 
ho  said, 
d,  that  I 
ed,    and 
I  could 
othes  on 
e  compt- 
f  Jading, 
J  agaiu 
It  he  had 
in  what 
schooner 
leprison- 
v)iich  he 
K. ;  after 
take  the 
Y  things 
I  not  go 
n  irons ; 
uld  pub- 
r  thrrt  I 
any  part 
hus  cir- 
e  I  was 
reasons 
when  I 


f 


-  f 


rofd  him  I  thought  she  was  on  the  ntnaWa/ 
account-^— he  said  she  was  not.     We  put  to  se.i 
a  short  time  after,  and    went"  to  St.    Mary's, 
where  we   remained   six  or  s<»ven  days,   and  . 
from  which  place  neitiier  crew  or  mysL'lf  wjuli   J 
start  witlwut  a  pilot  or  niivigator — We,  how- 
ever, got  a  pilot  to  St.  John,  and  again  sailed, 
but  before  we  could  make  another  harbour  tlu   », 
wind  failed   us,   and  we  wx're  becalmed.'  A 
boat  was  passing  us,  bound  to  St.  Johi.,  wheior 
Jordan  wished  to  go  in  order  to  obtain  a  nav-    •• 
igatdr  :  he   hailed   her,   and  ro(juesled  a  pas* 
sage  ;  the  boat  came  along  side,   and  took  .  ^^ 
Jordan  and  myself  on  board  ;  we  arrived  at 
St.  John,  got  a  navigator,  and  procured  d.  boat 
to  carry  us  to  the  schooner;  we  sailed  for  •> 
some  time  along  the  shore,  and  at  last  found  \^ 
the  sch'r  at  Trepassey :  it  was  nigiu  when  we/  ;f 
got  on  board.     Soon  after,   Jordan  (whom  I 
supposed  to  be  drunk)  and  Keily,  had  some^   - 
'  words  and  struck  each  other,  when  the  for«»;^r; 
mer  went  to  a  trunk,   where  two  pistols  used;;i 
to  be  kept,  but  he  could  not  find  them  :  Kelly   > 
by  this  time, had  drawn  them  from  under  his' 
bed,   but  Pat.  Power  soon  took  them  from- 
hini^    Jordan  called  several  times  for  a.  pistol' 
or  musket,  to  shoot  his  wife  with,  which  I  be-     - 
lieve  he  would  have  done,  had  I  not  prevent-.' 
ed  him.    Next  morning,  about  an  hour  before     - 
day,  the  prisoner,  Margaret  Jordan,  called  nwr  - 
up,and  asked  jne  to  take  her  with  some  plothes,^   - 
onshore,  assigning  as  a  reason  that  her  bus- 


H  ^:- 


w- 


\ 


1,-  i-'-s 


D  16   J 


•■^"•" 


^bniifl  wanted- to  kill  Iier — I  told  lier  there  was. 
no  ilan'^or  of  that,  while  Crew  and  myself,  re- 
mniiied   on  board  ;  she  then  said  she  would 
Ion  ve  her  life   on  my  hands  ;  after   which,   I 
foKl  he*  I  would  go  and  brin;^  olf  a  neighbour 
of  hers,'  who  might  take  her  ashore  if  he  pleas-^' 
-ed — She  told  me  if  I  would  take  her  ashore, 
she  would  tell  me  something  that  would  serve 
nio.  ^    Power,  Crews  and   myself  soon  after 
huulod  up  our  chests  ou  deck,   when  Jordan 
said  that  he  would  shoot  the  first  person  .that 
jiUem^Jted  to  remove  them  ("rom  there — I  heard 
.IvirOaii  several  times sav,  that  he  would  shoot; 
liis  wife,  for  that^she  Was  the  only  person  that 

*couIi  hang   him, 'and  I  asked  her  as  often,  ^ 

,\vhy  her  husband  so  threatened  her  ;  she  said, 
he  always  d»d  when  he  was  in  liquor.;  Jordan, 
told  me  that  he  owed  some  money  in  Halifax,! 

.  and  that  he*  wanted  to -'go  to  some  market, 
•where  he  could  sell  his  fish  so  advantageously, 
as  to  enable  him  to  return  to  Halifax,  andpay/^ 

.  his  debts.;-    "        '  . 

T-  Q,.  When  did  you  first  discover  the  , prison-/ 

cr's  name  was  3i)d ward  Jo rda:n.   \.  ^, 

j4.  At  St.  Mary's-r-I  do  not  recollect  the  day, 

of  the  month.  '  i 

'  U.  V/hen  did  you  first  discover  that  the  man^ 

who  called'  himself  John  Stairs,,  was  named; 

John  Kelly  ?  ^^'  '  .       '  H. 

\/4.  I  do  not  recollect  when  or  where  exact-»» 

,  lys  I  believe  at  St..Mary's.         . 
tfc?^  =    >  .  Q../Y0U  said  you  vvas.  in  company  with  Jor.^ 


m 


t.r 


/J^:'' 


tf'^ 


Z' 


V 


4: 


!■.• 


r 


0- 


y 

(•■■• 


■» 


e  was- 
t?lf,  re- 
would 
icli,   I 
;hbotir 
pleas- v' 
ashore . 
I  serve 
1  after 
Jordan 
II .  that 
heard 

shoot • 

■> 

)n  that 
often,  ] 

he  said 

Jordan, 
ahfax,  I 

market. 

5eously. 

tnd  pay> 

.prison: ; 

he  day^ 

le  man> 
named. 

e^xacV, 

« 

ith  J 01% 


r 


N- 


•A 

*'■ ' 


VI 


'"         [   17  ] 

dan  at  St.  John  :   Did  he  go  much;  about»  and     . 
by  what  name  ?       *    .  .  ^; 

^.  Sometimesby  the  name  of  Jordan,  others /    « 
by  that  of  Tremain.  "■■■     ■  f 

Q.  How  was  the  wind  on  your  passage  from 
tTrepassey  to  the  Bay  of  Bulls  ?  »     :,  ^ •  '    ^'^      ,v, 

•  -4.  Favorable.  '  '/   .1. 
Q,.  What  made  you  put  into  the  Bay  of 

,  A,  To  gat  sea-stock.   ,       ^     ^'   '    --_  '     ' 
Q,  Did  you  get  enough  ?  ^  '     '  '-^  V' 

•  A.  That  must  have  been  determined  by  the '    .^ 
*  distance  we  had  ta  go.    «        •  '        ^^''^C" 

i^.  Where  were  you  bound  from  the  Bay'of*   ■ ' 
'^Bulls?  V  ,     ;:  '         '   •       • ,: 

-A,  Jcannot  say:  Jordan  changed  his  voyages  f^:-^. 

so  often,  it  was  impossible  'to  imagine •  whigre'*:;  < 

he  intended  to  go.         ^^        v  '  '  '^;;i* 

,   *  Q,i  On  the  morning  you  sailed  from  the:  v<^ 

Bay  of  Bulls,  did  the  prisoner,  previous  toi;' 

"sailing,  appear  in  a  hurry  to  get  off  ?•  'Vf. 

A.  He  seemed  always  in  a  hurry  to  get  off/  .7  , 

'  *  Q.  WeihQ.  you  near  the  prisoner  wh?n-  you*     , 

^  got  under- weigh  at  the  Bay  of  Bulls  ?r  And^' 

did  you  see  him  <iut  the  cable ?  •    '  '        '        ,• 

t    A.  I  was  on  deck  and  saw  him  cut  the  c^    - 

*-ble.  ■       ■        ••■    -^^      '    —  .■  -••-^-  .-'  ■'■■■•  ^  ;._. 

Q,.  How  did  you  discover  that  the  persons  ;. 
Svho  called  himself  John  Stairs  was  not  John 
Stairs,  but  John  Kelly. ?       .    '       •      ^    ^j      ;^. 

A.  By  hearing  one  of  the  prisoners  call  him    ; 
Kelly.- 


V 

It  - 


I  - 


(   18  J 


v..     »i 

K '; '  . 

r  ;  .V;': 
...v.,.'  -..•' 

,« .  •  ^ .. 


d.  Did  you  hear  the  prisoner,  l^dwarcl 
Jordan,  ever  say,  that  he  was  bound  to  a  port 
io  Ireland? 

A»  Yes— Limerick. 

f  ..  CROSS-EXAMINED. 

Q.  Do  you  know  the  reason  why  Jordan 
tittered  thq  threats  you  said  he  did,  against  his 
■yyiie  ?       •;i  •  t'.,'  '  -^^  ■'-• '    .  ''     .«■•■'■ 
^        A.*  I  do  not. 

Q.  Had  the  prisoner  any  arms  in  his  pos* 
.  session  at  the  time  he  uttered  those  threats  ? 
A.  He  made  an  attempt  to  get  a  charged  ~ 
^'    musket  once,  but  1  prevented  him,  threw  out 
the  priming,  and  wet  its  touch-hole. 
Q.  What  became  of  the  arois  afterwards  ?  ' 
A.  Patrick  Power  took  possession  6f  them» 
and  gave  them  to  the  boatmen  to  take  care  of 
until  next  morning. 

Q.  Were  they  in  possession  o^  the  prisoneri 
^^^J'y    Edward  Jordan,  afterwards  ? 
;\\>;;        A.  I  took  care  he  should  not  have  them 
;   I'^^V   again*  the  pistols  I  locked  up  in  my  chest, 
\  ^  C":  ^'^^  ^^^  musket  I  hid  among  the  fish,  by  Pat-  * 
lick  Power's  orders.      ' 

Q,*  Did  the  prisoner,  Margaret  Jordan,  at 
all, times  you  saw  her,  appear  to  be  in  great 
fear  and  altogether  under  the  authority  of  her 
husband?-'  ^vt^:.-   ,'.;^;     '    >.<  ;  ■/^••■:r  '  ■- •> v'"^ .-; 
A.  Yes.-'.'  '    ■ 

ft.  When  and  where,  were  the  arms,  taken: 
from  the  prisoner,  Edward  Jordan,  by  you, 


•  •  ■',  .■■  ft-- 
■  • ..  !.•■'>  . 

'.•'•ft'.. 


T 


I  ■<• 


.f  '^  : 


■■} 


i  ..V. «^  V 


I  . 


--1 


yf^ 


1 


5r 


.-    ..  •■••■        ■       I  19-3        ••  r.     .   ■    '•      ; 

and'  loclced  up,  or  rendered  useless,  in  tbef- 
manner  you  stated  ? 

A.  We  were  then  at  Trepassey,  I  do  npt , 
recollect  what  day  of  the  month. 

Q,.  Was  it  before  tlie  taking   of  the  arms 
from  Jordan,  that  the  chests  were  brought  on  ' 
deck  ?      "  :  .  '  '    ^ 

A.  Yes,  the  njght  preceding.        '■  ^  . 

Q.  Did  the  prisoner,  Edward  Jordan,  know 
.ihe  arms  were  taken  from  him  ?  »  '   * 

A.  He  missed  the  arms  the  night  they  were^ 
taken,  but  did  not  know  where  they  were  un-.* 
til  next  day.  '  ' 

U.  As  Edward  Jordan's  arms  were  by  your 
account,  taken  from  him  the  evening   before-* 
the  chests  were  brought  on  deck,  how  was  h&^ 
to  execute   the  threats,  he  afterwards  made, 
of  shooting  any  person  who  attempted  to  re- jr. 
move  them  ? 

-^.  It  was  not  likely  any  person  could  keep  - 
the  arms  from  him,  as  they  knew  they  belong- ■*« 
ed  to  Edward  Jordan,  and  were  then  in  the-i 
boat  alongside. 

U.  Wlien  you  asked  the  prisoner,  Margaret  <=> 
Jordan,  what   her  husband   meant  when  he  '♦ 
said  she  was  the  only  person  in  the  world  who  i 
could  hang  him,  was  Edward  Jordan  presetit, 
or  on  board  of  the  schooner  ? 

^.  Not  present,  but  I  think  he  was  on  board.  •, 

U.  Did  the  prisoner,  Margaret  Jordan,  from 
the  time  you  iirst  saw  her,  appear  afraid  of 
Kelly,  as  well  as  her  husband,? 


•-•Xl 


4>  ..    •'{ 

••',-•>■•  1  ■ 

■■;t   « 


-'  \ 


■.>■■':■ 


»' . 


:*Lk:K 


m 


^A.  .No.  ;■    '  '  .    '«  •    '  •    ' 

'      (i.  How,  and  in  what  manner  was  slie  used; 

j»y  th^  prisoner,  Edward  Jordan,  and  Kelly  ? 
y4,  1  saw  she  was  used  indifferently  by  Jor-. 
P^9Lih  but  not  ill  by  Kirlly. 

•  i   The  Court. then  adjourned  until  to-morrow 
:|t  ten  o!dook  : 

/  V  -^    ■:  .Friday,  Nov.  17. 

>^'  Tlie  Court,  ipet  agreeably  to  adjournment,^ 

•  when —     .        "^  ■'* 
.PATRICK  POWER  was  sworn— 

He  8aid-~-i  iirst  became  acquainted  with  the 


T    ^ 


^^i 


,>^»«:' 


sprisoner,  Edward  Jordan,   at  JSt.  John,  New- 

'- JCqur^dland,;  1  had  just  arrived  from  the  French 

j> shore,  whei:e   the  boatman   wlio  had  oanied 

5^..  -    ;^the  prisoner  (whom  he  called  Joai  IVomain) 

gfev,,,  ,.  to  St.;  John, •  met  me  ;.  he  huid  he.  was  ji;lad  to. 

;  ;See  me,  .for  as  I  had  been  in  the  haliit  of  i;.v/r.g 

j  to  Ireland  every  fall  for  sup])lies  lor  the  spring 

M^l    \  fishery '  he-  could .  serve  ine ;  as  the  pri&oiK  r, 

yM\    fevEdward  Jordan,  wanled   a   navigator  for  a^ 

Uid,  then  lying  at  (he 

and  told  the  prisoner 

:he  had  found  a  iiavij;ator      Soon  after  I  «uw. 

:  the  prisoner,  and  accompanied  him  and  Pigot 

to  a  private  room;  he  then  told  me  he  hud  a 

schooner  lying  at  the  Bay  of  liulls,  laden  witlv 

~  fish,    thai  there  were  iour  seameji  on  board, 

^  and  that  he  wanted  me  just  to  navigate  her  to 

^  liimerick  or  Galvvay  in  Ireland. 

[Here  a  paper  was  prnhited  :  it  was  an 
^gteeinent  entered   inio  at   bt.  John,  New- 
^W-i;.;.  •  --,■  •      '■:    .        . 

■i^.'-'-HV^  ^-  r.      •••■■. 


fo 
pr 
th 
hi 
Jo 


■•^ 


'.'i. 


'k 


J' ' 


slie  used; 
Kfily  ? 
by  Jor- 

morrow 

V.  17. 
rnmeiit, 


with  tlie. 
,  Kevv- 
French 
uanied 
If  main) 
\  gUd  to. 
oj  i^oi'g 
e  spring 
)risoiivr, 
11*  for  a 
^  at  the 
prisoner 
r  I  6u\v. 
d  V'Sot 
e  Jiad  a 
len  \\\{\x' 
1  board, 
e  lier  to 

was  an 

,  New- 


«c- 


"W 


'•" 


[    24    ] 


■rn^f 


■U  t^ 


fouhdland,  the  IGtli  of  October,  between  the 
prisoner  and  Power,  the  latter  was  to  naviguto 
the  shooner  to  Ireland,  and  the  former  to  pay^;. 
him  eleven  pounds  a  month  till  discharged^ 
Jordan  had  signed  it,   by  the  name  of  Joha,^\  ■ /;  - 
Tremain.]  *  ^         *  /^  V:l 

After  settling  the  agreement  at  St.  John,  the, /.  j«, .  .  \ 
'  prisoner  told  me  to  be  r^ady  to  start  tlie  next;^Yi^.> 
day,  as  he  was  anxious  to  go  to  sea,  I  said  X^^\ 
would  be  ready  ;  but  it  was  three  days  before  vjl^ 
we  could  procure  a  boat  to  take  us  round  to^^vj.  V- 
the  Bay  of  Bulls,  where  the  prisoner  said  tli;;;,|  Iv^*,- ,; 
schooner  lay.    In  the  intermediate  tiaie  I  ol-JvS;;  •   / 
ten  asked  Jordan  to  take  a  walk,  and  look!^,  ■:^S;  / 
for  a  boat,  and  requested  to  know  the  reasoii  /*^>J^i' 
why  he  kept  himself  so  closely  confiiled  ti*  j'#V 
his  lodgings:    he  replied,  that  as  he  ;owevt%^|v! 
some  money  in  St.  John,  he  was  aft;aid  of'ljein^^^^  j. 
detected  if  he  walked  much  out.    The  third  ^v^^jj-,] 
day  after  I  had  agreed  to  go  with  Jordan,  w^'-f;^^'...} 
got  a  boat,  and  went  to  the  Bay  of  Bulls,/ '*^/ 
where,  howiiver,  we  did  not  fm»i  the  schooner,  J/^ 
-  but  there  was.  one  there,   bound  to  St.  John, 'a< 
and  I  asked  the  captain  for  a  passage,;  but  the 
prisoner  earnestly  entreated  me  not  to  Jpuve  i;J.\ 
him,  l^ut  to  go  to  Agua  Fort,  where  he  said  U>^ 
he  vvas  sure  the  schooner  was  lying  ;  and  ad-  ■^.  'V 
ded,  if  we   did  not  find  her  there,  Ite  W'ouli  ' /'■7, 
give  me  an  ordur  on  a  merchant  at  St.  John's,  -  y 
for  the  full  amount  of  my  wages  ;  we  went  to    j 
Agua  Fort ;  the  schooner   was  not  there ;  i  ^  | 
was  agiiiu  dismiomted  ;  but  he  urs^f^d  lay'  fvs    '^ 

•  "     ■>^'   '.      *       B.r      '     *;:^v.'\a- 

■  .  .      .  •  ■  ..  » 

■       •  •  r  •       V  •'S 


C 


y, 


r 


ir?'- 


I  -^  .  board  of 
.'r^rl     dark,  wl 


%:' 


^■X' 


[    22    ] 

•  # 

I  iiad  gone  so  far  wUli  liim,  to  go  to  Trespas- 
fcy  ;  wo  went,  and  found  the  sclioontr  ;  on 
of  which  wo  got  about  an  hour  after 
here  I  saw  Jolin  Kelly,  William  Crew, 
,itud  a  man  from  the  shore;  Jordan's  wife  was 
not  on  board,  the  pris(nier  demanded  of  Kelly, 
"Where  ahe  was  :  he  answered,  she  was  ashore  ; 
o^.,       the  prisoner  then  told  two  men  to  go   ashore 
^  «^^y    ^^^  her,  when  Kell^  said  there  was  none  knew 
[^}i  V     where  she  was  but  himself;  Jordan  then  seem- 
ed much  disturbed,  and  told  Kelly  lie  would  go 
with  liim  for  her  ;  they  went,  and  returned  in 
a  short  tmie^  with  the  prisoner  Margaret  Jor- 
^  dan.    Jordan  went  to  bed  almost  inunediately 
after,  leaving  the  boatmen,  Pigot,  Kelly,  and 
niysielf  in  the  -cabin,  drinking  grog  ;  Jordan's 
wile  was  also  sitting  in  the  cabin.     The  pris- 
oner did  not  lay  long  in  his  birth,  but  got  up, 
and  said  to  his  wife  :  "  You  whore^Iheard  you 
talk"'  He  then  seized  a  musket  which  rested . 
V^x'  Son  some  nails  in  one  of  the  cabin  beams  :  his 
^%  V      wife  screeched,  and  told  me  to  take  it  from 
■•^ij^     liim,  which  I  did,  and  gave  it  lo  the  boatmen 
to  take  care  of  until  morning.    The  prisoners 
and  i^elly  soon  after  b<  gan  to  fight  :  Edward 
Jordan  demanded  his  pistols  and  musket  sev- 
eral times  to  shoot  his  wife  or  Kelly,   and  re- 
primanded the  former  for  being  often  on  shore 
^with  the  latter  ;  Kelly  then  said  that  the  pris- 
*  VfK  I'  •.<>"er  should  not  take  his  life  for  nothing,  and 
t    *^.;m,^'  turned  round  to  his  birth,  from  which  he  drew 
;  ^-;  T   two  pistols,  and  held  one  in  each  hand  ;  I  the% 


r..'r« 


» 


;* 


I. 

f.  ,-  . «'  J' 


?£■  .r. 


t 


^«i 


fl 


-  " 


i   23    ] 


4^ 


'  ^\ 


A^. 


seized  Kelly,  and  took  liio  pistols  from  him  ,; 
Kt'lly  8fl*  I  his  intention  was  nu' rely  to-hide-. 
them  from  Jordm,  for  th.it  1  did  uj(.  know  " 
wiiat  a  kind  of  man  he  was.  Mar^^.irt't  Jordan 
then  went  on  deck,  where  1  soon  followed  hori  J 
.   carrying  the  pistols  1  had  taken  from  Kellyt 
with  the  view  of  giving  them  to  the  boatmen    .. 
to  secure  YiH'the  next  morning  :  She  requested  i> 
me   several  times  to  throw  them  overboard,)^  •' 
saying  :  •"  You  know  ttot  the  mischief  tkcy  have. 
•  done  P*    I  said  I  would  not  throw  them  over. 

Kelly  60on  after  came  on  deck  :  he  said  all  '< ^•.  V - 
that  he  wanted  of  the  pistols  was  to   prevent,  /i;^ 
Jordan  getting  them,  advising  me  at  the  same,  V-'^-r; 
time  not  to   let  him  have  them  until  I  got  to  v  ,•  W 
Ireland,  and  then  said  that  he  did  not  intend  to 
go  with  us ;  I  told  him  Jordan  should  not  get 
them,^and   asked  him  if  there  were  any  more 
arm.s  on  board  ;   Jie  said  there  were  a  half 
musket  and  a  cutlass  ;  and  advised  me  to  get 
thetn  also,     The   half  musket  I  found — the; 
cutlasss  I  could  not.    I  soon  after  pacified  Jor- 
dan,  and  his  wife  told  me  if  I  gave  him  some 
rum  he   would  go  to  sleep  ;  I  did  so,  aivd   it 
had  the  desired  effect,  though  not  before  hei 
said  :  *'  Do  not  let  my  wife  come  to  bed  to  me  ; 
if  you  doy  I  shall  kill  her**     She  lay  on  the 
,^  ■   locker  untill  an  hour  before  day,  when  she 
[      rose,  called  Figot,  and  requested  him  several 
times  to  put  her  ashore,  as  she  was  certain  her 
husband  would  kill  her  if  ^he  remained  on 
..board,    Pigot  then  went  on  deck,  she  to  her 


1 


tl- 


<t    *  ■ 

♦  5-i 


s> 


* 


.lir-'i 


( 


[  24   ] 


(:/•'■■') 


,^ 


t»  y!<:. 


>\«- 


Irunk  for  clothes.  I  then  left  my  birth  and 
went  on  deck  ;  she  soon  followed  me,  and 
begged  l\vould  let  her  go  on  shore,  or  put 
her  ashore  myself ;  I  said  I  would  do  neither, 
.  and  that  I  had  over  heard  her  conversation 

:  with  Pjgot,  and  that  she  would  be  sorry  for  it 

if  she  went  ashore;  she  replied,  you  know 

not  the  life  I  lead  with  that  man  (alluding  to 

'her  husbai>d  ;)  he  will  kill  me  before  we  get 

/  to  Ireland— you  had  better  let  me  go  ashore  ; 
you  are  a  stranger  to  my  sufferings  ;  Pigot 

I  can  describe  to  you  the  cruel  life  I  lead  "with 
that  man.  -I  prevailed  on  her  to  remain  on 
board^-^bout  an  hour  after  sunrise  Jordan 

#  came  hastily  on  deck,  ran  towards  his  wife  ; 
I  went  between  them,  when  Jordan  seized  me 

.  by  the  breast,  and  demanded  his  pistols  ;  his 
wife,  at  the  instant,  slapping  me  on  the  back» 
and  begging  me  not  to  let  Jordan  kill  her,  say- 
ing  she  would  lay  her  death  to  me,  for  not 
Jetting  her  go  ashore  when  she  wished.  Jor- 
dan then  said,  I  believe  Power  you  have  been 
with  her  all  night,  as  well  as  the  rest  :  upon 
which  I  told  him  to  use  her  as  he  pleased  ;  but 

;  she  screeched,  and  entreated  me  not  to  let 
Jordan  take  her  life,  when  I  again  laid  hold  of 
.the  prisoner,  and  told  him  he  should  not  strike 
her  :.  I  soon  after  quieted  them,  when  Jordan 
said,  if  she  vi^ould  go  into  the  cabin  with  him, 
where  he  wished  to  speak  with  her,  he  would 

\*  not  hurt  her ;  they  went,  and  continued  there 
'  on  good  terms  the  whole  of  that  riay.    Jordan 


- 


I 


I 


f. 


»)■' 


tr- 


'f-;i 


.  '"1 


I 


•  ''if 


th  and 
ke,  and 

or  put 
neither, 
ersatiou 
:y  for  it 

know 
cling  to 
we  get 
ashore ; 
;  Pigot 
id  with 
[nain  on 
Jordan 

wife  ; 
i2ed  me 
)ls  ;  his 
le  back) 
tier,  say- 
for  not 
;d.  Jor- 
ive  been 
:  upon 
)ed  ;  but 
)t  to  let 
d  hold  of 
ot  strike 
I  Jordan 
^ith  him, 
e  would 
led  there 

Jordan 


I 


V 


/    i- 


? 


.'  v; 


!■ 


i*' 


-■>. 


r  '25  ] 

.^  ■  ..  ■   ■, 

having  promised  to^  give  the  boatmen,  who  , 
brought  us  round  from  St.  John,  ten  pounds,  . 
they  requested  me  to  go  below,  and  ask  Jordan  , 
to  pay  them,  which  I  did,  but  he  told  me  he/\ 
Was  short  of  money,  and  to  give  them  some, 
leather,   which  I  would  find  forward,  in  lieu;"^ 
of  the  ten  pounds  ;    the  leather  was   brought // 
up,  but  the   boatmen  refused  to   take  it ;  -I- 
stated  their  refusal   immediatley   to   Jordan, ,;. 
who  told  me  to  give  them  his  watch  with  the  *;, 
leather,  and  directed  his  wife  to  hand  it  to  me  ;  ' 
it  was  a  silver  liunling  watch  :  I  gave  it  to  tiie  ., 
boatmen,   with   some  leather.     1   afterwards 
searched  the  schooner,  to  see  wiwt  provisions 
and  water  were  on  board,  and  tlien  saw  the-^,^^ 
situation  of  the  hold,   and   began -to  suspect,^ 
some  mischief.     I  asked  Jordan  if  he  had  any  7 
>means  of  getting   provisions  asiiore  ;  he  said  J 
he  had  not,  but  thought  there  was  on  boMi\.iik> 
suiii^ienc*y  of  every  thing  for  a  voya£;e  to  li:c-4- 
land,  and  added,  if  he  was  only  in  the  Bayvof  v^ 
liulls  he  could  obtain  plenty,  as  he  had  friend^  ; 
there.     We  got  underweigh,  a  short  ti.me  af-  V 
ter,  fo.r  the  Hay  of  UwWs,  but  had  not  priicectj'^ 
"  ed  far  before  }ie  told  me  to  go  into  some  \U''r 
.vate   harbour   near   the  IJay  of  Bulls,  fr«*;:'.i 
whence  he.  could  send  a  boat  "there  lor  provi- 
sions, giving  fish  or  oil  in  payment.      Wt;  ao*. 
cordingly  attempted  to  get  into  Fermi^ese,  i>nt 
the   wind  prevented  us,  and  we  si:Lered.f.pi'   ;* 
Capelin  Hay,  at  the  entrance  of  which  wcjil*)  li- 
nearly got,   when   we  discovered  a''  rcho>)nv;v   ■' 
going  in;  the  prisoner  enquii*ed  of  ino  wiK'iV  "  ^ 

C 


r.s 


iViv 


I  thought  she  came  from  :  I  answered  from 
Nova  Scotia,  as  she  appeared  to  have  a  deck-_ 
load  of  plank  ;  he  told  me  not  to  go  in.  We 
then  hauled  our  wind  and  went  to  the  Bay  of 
Bulls,  w^here  we  anchored  between  10  or  \\ 
'at  night.  The  next  morning  Jordan  went  on 
shore,  after  telling  me  he  intended  to  get  men 
to  cut  some  wood,  and  bring  us  some  water  ; 
he  took  two  of  the  crew  with  him.  In  the 
evening  he  returned  on  board,  and  asked  me 
what  I  and  the  rest  of  the  crew  had  been  em- 
ployed about  all  day ;  I  answered,  overhaul- 
ing the  rigging,  which  wanted  much  repair; 
he  then  said  he  believed  I  was  too  much  of  a 
gentleman  for  a  poor  man's  servant,  and  that , 
'lie  was  sorry  he  did  not  make' me  steer  for 
Ireland,  after  leaving  Trespassey,  with  what  . 
provisions  we  had  on  board.  The  next  morn- 
ing he*  again  went  ashore,  and  sent  sciie  long 
wood,  three  casks  of  water,  and  a  few  trifling 
"articles  of  provision.  Shortly  after  Jordan 
went  ashore,  his  wife  requested  me  to  let  her 
go,  for  the  purpose  of  washing  some  clothes 
for  the  children  :  I  at  first  refused,  but  after- 


;^'|:1       Avards  consented,  and  Pigot  and    myself  ac- 


companied her  ashore.  I  left  her  washing  at 
a  house,  and  went  in  pursuit  of  her  husband, 
whom  I  found — he  enquired  why  I  had  left 
the  vessel :  I  told  him  his  wife  had  some  wash- 
ing to  do,  and  that  I  had  come  on  shore  with 
lier — he  then  seemed  much  disturbed,  and  bade 
nie  take  her  back  to  the  vessel  imm^^diately, 
whicli  I  did.     Jordan  came  on   board  in  the 


I'  'fiviv  ?-*voning,  and  ordered  me  to  got  undcrweigh,  I 


IL 


^■■^:' 


• 


\  - 


IS. 


f 


i 


»« 


*» 


s 


r  27 


told  him  the  wind  did  not 


that  it  blew 


i  from 
L  deck- 
.  We 
Bay  of 

or  11 
ent  on 
et  men 
^ater  ; 
In  the 
ed  me 
?n  em- 
jrhaul- 
•epair ; 
;h  of  a 
id  that 
er  for 
I  what 
morn- 
e  long 
rifling 
Jordan 
et  her 
clothes 

after- 
Af  ac- 

ing  at 
sband, 
id  left 

wash- 
j  with 
d  bade 
lately, 
in  the 
?igh,  1 


• 


\  - 


'•'% 


»  J 


't' 


. 


i> 


a- 


v:  '• . 


wma  aia  not  answer,  uii 
into  the  Bay.    He  then  got  into  the  boati  say- , 
ing  he  would  go  ashore  for  men  and  boats  ^/ 
enough  to  tow  her  out.     He  had  hardly  reach- 
ed the   shore,   before  I  weighecl  anchor,  and 
Wjent  further  up  the  Bay.     By  this   time   h(iv': 
returned  to  the  schooner,  with  many  men,  I-    . 

^do  not  recollect  the  number,  and  ordered  mo  X^- 

"to  get  the  vessel  underweigh,  which  I  refused     v' 
to  do-r-when  one  of  the  men  he  had  brought  * 
on  board,  demanded  the  reason — I  told  him  I 
did  not  wish  to  go — he  then  applied  some   ap 

.  probrious  name  to  mo  :  Jordan,   soon  after, 
took  me  aside,  and  said  that  a  cutter'  had  sail 
ed  that  evening  from  St.  John,  which  would /; 
be  round  by  the  morning,  to  seixe  the  vessel. oii  '§;h 
account  of  some  money  he  owed  atnulifax-»^:--/' 
upon  which  I  said  that  if  he  owed  a  milliou/;wv 
of  nioney  to  a  mercliant,    a    King's    vessel  ^If^ 
would  not  be  sent  after  him  ;  he  afteiwarda  :*v  . 
said  he  was  sorry  he  had.  not  met  with  some 
other  navigator  than   me,  for,  if  he  had,  he.',^, 
would  have  been  half  way  to  Ireland  ;  I  told  \< 
him  he  need  not  be  sorry  for  it,  for  I  would 
not  go  with  him,  and  he  had  better  provide    ? 
another.     He  begged  the  men  he  had  brought .. '• 

"on  board  to  remain — they  said  it  was  to  no  *  ' 
purpose,  as  I  would  not  get  the  vessel  under-  ; 
weigh  that  night — but  if  they  could  serve  him 
they  would  stay  twelve  months,  and  tow  the' 
vessel,  if  possible,  half  way  to  Ireland.  They, 
soon  after  went  ashore.  For  some  time  Jor- 
dan  walked  the  quarter-deck,  apparently  much  ^ 


•^  ■#' 


^'^ 


«■? 


■»    .< 


.[     28     ] 


■^ny 


disturbed,  during  which  Kelly   told  me  if  I 
w(?nt  on  shore  with  him,  he  would  inform  me 
of  something  that  might  serve  me.     I  promis- . 
ed  to  go  as  soon  as  Jordan  hud  gone  to  rest. 
Not   long  afterwards  I  asked  Jordan  why  ho 
did  not  go  to  bed  :  he  replied,   that  he  would 
see  me  in   bed  first.     I  then  told  him,  Kelly 
and ''I   were   going  on  short*,  but   that    we<a 
would  not  stay  long.     He  said  I  might  as'weJl 
fake  his  life  as  attempt  to  go  that  night ;  and 
that  he  would  keep  watch  to  prevent  me.      I 
'then  went  to  bed,  leaving  Jordan  on  deck., 
About  daydight  next  morning  he  came  to  my 
birth-^told  me  to  rise,  and  get  the  vessel  un- 
dcJ4weigli,  for  that  there  was  a  fine  fair  wind.' 
I  rose,  went,  on  deck,  and  told  him  the  wind 
blew  too  hard.    He  then  acted  like  a  madmani' . 
I  went,   and  sat  down,  in  the  cabin,  where  I 
had  not  been  long  before  I  heard  some,  person 
call  out  that  Kelly  had  taken  the  boat  away  ; 
I  ran  on  deck,   saw  Kelly  alone  in  the  boat, 
about  20  yards  distance,  and  asked  him  for  a 
passage  on  shore  ;  he  answered  that  he  could 
hot  stop,  but  would  send  the  boat  for  me.  He 
did' not  take  his  clothes  with  him.    I  then  went 
hf low,,  to  gather  my  things,  against  the   boat, 
<\iino  oif  for  me — but  soon  after  heard  some 
j'lrsron  on  deck  say,  the  coble  was  cut  s  I  went. 
itp,  a. ul .found  it  waslrue  ;  I  demanded  who 
had  d)ne  it,  and  'was  answered  Jordan  ;  he 
''>*us  thru  on  deck,  as  well  as  all  the  crew  ;  the 
jiij  wa'^  lioiste(l5*and  the  vessel  going  to  sea— 
J»rdan  was  Standing  near  the  companion  door, 
Vvrtii  '^n  axe  in  his  hand,   and  1  said  to  him 


v' 


\'- 


C     29     3 


me  if  I 

form  me 

promis- . 

)  to  rest. 

why  ho 

e  would 

1,  Kelly    ' 
hat    we  <a 

li 

;  as'weJl 

lit  ;  and 

■ 

me.      I 

;■ 

)n  deck., 

• 
* 

e  to  my 
?ssel  un- " 

'***•  ^31 

ir  wind.' 

V'r  ^M 

lie  wind 

ladmani', 

^B 

where  I 

•-.ir 

5.  person 

'K 

away  ; 
he  boat, 

• 

im  for  a 

a 
• 

e  could 

:• 

tiie.  He 

,' 

en  went 

• 

le   boat,. 

'• 

rd  some 

I  went : 

' 

ed  who 

., 

an  ;  he 

3W ;  the 

^  ^\' 

0  sea-— 

'••I' 

m  door, 

'  )w 

to  him 

'i 

• 
1 

|| 

■  X. 


'.  I 


that  I  saw  he  had  got  her  underweigh,  he  re-'^  /*•. 
plied    that  he  had,  and  that  she  should  go  to,  )'*:. 
sea,  or  blood.    I  went  forward,  and  told  Pigot- .y  - 
to  take  the  axe  from  Jordan,  which  he  did.  ^^\'  - 
I  then  sat  downrto  leward,Und  soon  after  saw   '^.  "^ 
a  vessel  at  a  great  distance,  then  took/the  helmv,.  4^;^ 
and  ordered   all  sail  to  be  set ;  when  Jordan'  ' 
told  me  to  steer  for  Halifax,  with  the  viewpf, 
deceiving  the  people  at  the  Bay  of  Bulls.'   I,  : .' 
consented  to  do  so,  until  I  was  clear  of  the,    ;; 
head,  when  I  jibed  the  boom,  but  he  thought  ;^/; 
rather  too  soon,  as  we  had  hardly  shut  in.t,he  v 
:  Bay  of  Bulls.    In  about  an  hour  after  one  of     '• 
the  men   called  out  there  was  a  sail  a-head  ;,  ^ 
Jordan  seemed  much  agitated,  and  enquired  of  j*^ 
nie  what  I  thought  she   was  ;  I  told  him  a  2.v; 
fishing-boat,  as  she  did  not  appear  to  have  any';  • 
yards  across;  the  man  said  it  was  a  brig  or^^ 
.schooner,  when  Jordan  became  uneasy  again,' ,,: 
and  directed  me  to  steer  for  Halifax,  let  her;|"V 
be  what  she  might:  I  refused  to  alter  the  course;  \; 
when  he  ordered  the  man  I  had  a  few  minutes  ,:; 
before  placed  at  the  helm,  to  steer  for  Halifax,  <  ■ 
but  I  told  the   helmsman  if  he  did,  I  would    . 
knock  him  down  with  a  handspike.     The  pri-'  ' 
soner  asked  me  a  second  time  what' I  thought  /•:; 
the  vessel  was  :  I  answered,  he  might  depend 
she  was  a  King's  schooner  ;  at  which  his  un- 
easiness became  excessive,  and  he  said  :  ^^'Tke 
Lord  haue  mercy  on   me,  what  will  my  poor 
children  do  /'  he  afterwards  went  down  in  the 
vabin,  but   soon  returned,  ahd  desired  me  to 
say  we  were  bound  to  Halifax.     I  told  .lim    i^J 
•was  of  no  consequence,  for  they  saw  by  the 

.  ■■  •*'-^    .... 


[     30    ] 


}^ 


IS 


,.    course  we  were  steering,  we  were  not  bound 
there  ;  he,  however,  again  requested  me  to 
say  so,  and  I  said  I  would,  if  that  would  sat- 
isfy him.  -'  The  ^^ssel  came  up — she  proved . 
tp  be  His  Majesty's  schooner  Cuttle,  command- 
^  ■*:  ed  by  Lf;.  Bury,  who.  ^ent  a  party  on  board 
^■'^  undei;  the  orders  of  Mr.   Simpson,  by  >vhom 
.'jVshevvas  brought  to  Hahfax. 
s      Q.  Who  were  ofi  board  the  Three   Sisters 
'  at  the  time  she. was  taken  possession  of  by  the 
-Cutter?":::'  '^  '       ;  '        ■' 

^       A.  The  prisoners   and  their  four  children, 
(three  girls  and  a  boy  ;)  myself,   John  Pigot, 
,  ^         Matthevv  Phelan,-  William  Crew,  Nfithaniel 
%J||^^^  B^der,  and  Davy,  an  Indian.  '  "• 

'^J^'  ^  "Q;*  Did  you  hear  the  prisoner,  Edward  Jor- 
i^^'v,  ^  dan,  "make  any  '  acknowledgements,  ol"  use 
''"'"'  '  _;  any, expression,  from  which  you  believed'  he. 
'M'"^  .  had  been  guilty  of  the  riiurders  and  piracy, 
!#/:?'  ^  he  stands  charged  ?  If  so,    repeat 

as  nearly  as  you  can  recollect,  the  words  he 
made  use  of,  and  when  and  where  they  were 
spoken.       '        ' 

■ '  [An  objection  to  this  question  was  entered 
by  Mr.  Robie,  upon  the  ground  that  the  Stat- 
ute of  the  llth  and  12th  of  Wilham,  having 
directed  the  heanng  and  determination  of 
causes  before  the  Court  to  be  according  to  the 
Civil  Law,  the  question  could  not  be  put  to  the 
>vitness,  as  by  the  civil  law,  the  confession  of 
(I  person  accused  must  be  made  by  him  in  the 
presence  of  the  court,  and  could  not  be  prov^ 
^ed  by  the  testimony  of  a  witness. 
^ ,  j^^Thij  objection!  was  answered  by  the  Solicit- 


>^v" 


I 


»-%^     \  '" ,' 


t. 


"kl- 


or 

notl 

spe| 

adi 

not] 

objJ 


ot  bound 
d  me  to 
ould  sat- 
5  proved 
>mmand- 
m  board 
y  >vhoin 

5  Sisters 
)f  by  the 

children, 
ti  Pigot, 
r^ithaniel 

^ard  Jor- 
o^  use 

Bved '  he. 
piracy, 
repeat 

ords  he 

ey  were 

entered 
he  Stat- 

having 
tion  of 
g  to  the 
t  to  the 
ssion  of 

in  the 
>e  prow 

Solicit- 


•       T-31    ]  .      f 

or  General  who  contended,  that  the  court  was 
not  to  be  guided  by  the  civil  law,  unless  as  re- 
spected its  forms,  and  that  the  question  was 
admissible  by  the  common  law  of  the  land,  if 
not  by  the  civil  law. 

The  court  ordered  the  Registrar  to  note  the' 
objection  ;  and  the  question  to  be  put,  promis- 
ing to  consider  its  effect.] 

.  A.  It  was  in  the  cuttle — he  was  in  irons ; 
and  his  birth  near  mine.     He  used  to  discourse 
with  me  concerning  the  crimes  he  was  accus- 
ed of :    He  said  he  was  not  afraid  of  all  the* 
world,  if  I  would  only  say  we  were  bound  to 
Halifax,  to  which,  being  rather  under  appre- , 
hension  of  my  own  life,  as  I  lay  so  near  him,  ^ 
I  consented.     He  then  told  me  that  if  he  had  ; 
shot  Stairs  while  on  the  hatch,  that  all  would 
have  been  well,  but  that  Kelly  prevented  him, 
saying  he  would  be  drowned  before  he  reach-v 
ed  the  shore. 

Q,.  By  Prisoner — you  said  you  knew  the  • 
prisoner,  Ed.  Jordan,  at  St.  John,  N.  F. — do 
you  recollect  dining  in  company  with  him  al 
the  house  of  a  merchant  there  ?  what  was  the 
iiame  of  the  merchant,  and  by  what  name  did 
he  call  the  prisoner. 

A.  I  did  dine  in  company  with  him   at  a 
^  merchant's,  whose  name  was  Goff ;  and  whom 
I  heard  call  the  prisoner  Ned. 

Q.  Did  you  hear  Mr.  Goff  call  the.  prisoner 
by  any  other  name  than  Ned  ?  what  charac- 
ter did  he  give  Jordan  ?  and  did  he  say  that 
Jordan  had  served  his  uncle  honestly  for  five 
vn'v=5.  ;  »v1  f!v  f  ov?rv  person  in  his  emnV^v  bfid 


s. 


r^ 


■<■■       M 


'i.; 


-\^-d\ 


■!*-• 


■m' 


%•} 


>^'^'' 


•», 


?,»: 


V 

,     ,     A,  I  heard  Mr.   Goffsay,   that  every  one 
''"'Who  was  employed  in  the  same  station  Ned 
,  ,^  was  by  his  uncle  for  several  years,  had  made 
/..'money  but  Ned. 

'*.\'  .The  Register  of  the  Three  Sisters,  w^as  then 
r^^produced,   and   read  ;  it   was  proved  by   the 
v;^.  collector  of  the  customs,   who  exJiibited   the 
-  *  'record  :  she  was  registered  tlie  16th  January, 
\  ISOQ-!— owners,  Jonathan  and  JohnTremain. 
-  '  Q.'You  said   that  Jonatlian  and  John  Tre- 
.    main  were  the  registered  owners  of  the  Threie 
^^ Sisters—do  you  know  who.are  the  true  owners 
y  H)f  said  schooner  ?        .    . 
,:.  :.  '  A.  Jonathan  and  John  Tremain  I  believe, 
J  v.!  for  the  bill  of  sale  and  shipbuilder's  certificate 
j^  ji^Jwere  lodged  in  my  office  previous  to  the  grant- 
v'ing  of  the  register.  *  ,     •     '    .  ~ 

^'.  ■       Here  the  examinations  closed — when  Ed. 
■Jordan  was  asked  by  his  excellency  tVie  presi- 
,  :^ydent,if  h*e  had  any  thing  to  say  in  liis  defence. 
/  ■  EdwardJordan  then  stated  his  transactions 
*  V  with  Messrs.  Tremain  ;  from  which  he  endeav- 
oured to  prove  that  the  schooner  Three  Sisters  " 
^^  'had  been  surreptitiously  obtained   by  tiiem  ; 
'     and  that,  in  point  of  fact,  she  belonged  to  him  ; 
V'after  which  he  said,  that  on  tlie   morning  of 
",     the  ISth  September,  being  on  the  deck  of  the 
schooner,  and  rather  in  liquor,  his  little'  boy 
came  and  told  him,   that  Captain  Stairs   was » 
.taking  Iiberl;ies  with  his  mother ;  that  he  in- 
stantly went  below,  found  it  to  be  the  case, 
seized  Stairs,  and  threw  him  on  the  floor  ; 
wiio,  upon  recovering,  ran  to  his  trunk,  got  a 
pair  of  n*!<5f(ilj,  one  ofAvlii'!-  I'   Tro^l  at  him,  " 


5 1/*/ 


r; 


k. 


3veiy  one 
[ition  Ned 
had  made 

,  was  then 
ed  by  the 
libited  tiie 
li  January, 
Tremain.  . 
John  Tre- 
the  Three 
rue  owners 

i  I  believe, 

certificate,, 

)  the  grant- 

wheu  Ed. 
r  tVie  presi- 
is  defence, 
ansactions 
he  endeav- 
ree  Sisters 
by  tiiem ; 
ed  to  him ; 
orning  of 
eck  of  the 
little  boy 
tairs  was' 
hat  ho  in- 
the  case, 
le  floor  ; 
nlc,  got  a 
(\  at  him. 


[39    ] 


/. 


«  <: 


;*"■ 


ilV 


•  Heath's  breast,  who  had  just  came  down  to  fV*^'. 
the  assistance  of  his  wife,  having  heard'  her  ;:-^, 
cry  out  murder  ;  that  he  then  went  on  deck 
.  for  a  handspike,  to  defend  himself  with  against 
Stairs  ;  who  soon  followed  him  up,  went  for- 
iward,  threw  a  hatch  overboard,  'and  jumped 
:  after  it ;  ';hat  he  begged  Kelly,   who  was  at 
.the  helm,  to  put  the  vessel  about,  and  pick  up  ^^^i 
; the  captain,  saying,  that  unless  he  did  they  t"' 
would  all  be  lost,  for  that  they  were  withoUfr^,  '< 
a  navigator,  but  that  Kelly  seemed  stupid,aiKl  >'>?•; 
not  to  know  what  to  do.    That  they  afteV-  >>  -'x 
-wards  put  into  a  port  in  Newfoundland.  *  He/^|  ;;^: 
then  told  the  court  that  no  reliance'  ought  t(r^<Vr^ 
be  placed  on  the  evidence  of  the  witnessc^s  that  v^^/^; 
had  been  examined,  for  that  they  'had^jnado;  % 
.up  their  story,  had  perjured  themselves,-  anii^f>f 
would  say  -any   thing  that  came  into   their  /^-^^ 
mouths — rand  then  presented  hisaccounts  wit!>:  /'^ 
Tremain,  and  some  other  papers,  to  , the 'coui"r,^/.v. 
requesting  they  might  be  examined  ;    '     7    .       -h 
r  Magaret  Jordan  was  tb<Hi  asked  i(sho^  had  V;%  . 
any  thing  to  say  :  ujyjn  which  she  .haiuled  to  ■ -i?;^'  • 
her  counsel, 'Mr.  Wilxins,  a  written  defence,     p/ 
which  he  read  to  the  court.     It  stated  that  sh^?    '-^  t 
had  married  Jordan,    in   Ireland,    about  ^tcn'-\- 
"years' since,    that  she  lived  happy  with  bim 
there   for  five,    wlien    they   removed   tolhe 
United  States,  where  he  soon  became  jeaU)uV 
of  her  ;  that  she  had  experienced  severe  treat- 
ment from  him  ever  since,   though  it  had  i)ut 
in  the  least  diminished  her  re^iiard  for  him.T-t 


"%■...*  ■ 


:f4 


That  previous  to  the  arnvalof  the    l  hree  ^iiVvi%^:. 
ters  at  Perec,  her  children  bad  became  mucli  r^'^'^i 

• ,'  .  *  ■.  "•■  w»  "tor ' 

in  want  of  some  clothes  which  she  expected  to  ^>^J|/ 


V 


\ 


[     34     ] 

receive  by  tlie  schooner,  but  tliat  on  her  arriv- 
al ^ho  was  disappohited  :  Jordan  had  brought 


•*»'» 


I.V 


U 


I  ixi 


l)ected  she  had  obtained  it  by  improper  means, 

<  and  he  treated  her  very  ill.    His  resentment 

C  continued — and  on  the  morning  of  the  i  3th  of 

\  September,  as   she   lay  on  her  wretched  bed, 

Stairs  came  td  her  birth — when  she,  alarmed 

for  the  consequences  that   might  result  from 

V  her  husband's   seeing  Stairs  in  that  situation^ 

begged  him  to*  be  gone,  but  he  did  not,  before 

that   her  husband    appeared,  who  instantly   ' 

>Ji nocked  ^tairs  down,  and  then  ran  on  deck, 

.  ^where  he  was  soon  followed  by  Stairs— that 

■■{'  fche  soon  after  heard  the  report  of  pistols,  went 

von  deckvsaw  Heath  lylngdead,  and  Stairs 

-  f.j;hting  with  her  husband— that  as  soon  as 
'  Ihey  separated  the  former  jumped  overboard. 
r.  She  did  not  deny  but  that  she    might   have 

'  struck  Stairs  when  engaged  with  her  husband, 

-  as  she  was  in  such  a  state  of  mind  as  not  to 
.  know  what  she  was  doing;  but  she  could  ap- 
peal to  the  Almighty,  and  say  that  she  was  in* 
iDoont  of  th?  crimes  with  which  she  thei\  stood 

•  charged*  •     "   '  -, 

/    Vvfter  which  the  Court  was  cleared  ; — In  about  half  an 
hour  the  tloors  were   again  opened,  and  the    prisoner,. 
>  KDWAUD  JOIiDAN.put  toth.ilj'.ir,  ;   uhen  His.  Ex- 

cellencv  tliC  President  addressed  him  as  foHows : 
1.      i'LOVVAUp  JORDAN— The  Gentlemen  Commisslon- 
.    crs  before  v  horn  you  have  been  accused  of  Piracy,  IftU 
'^    ony  and  Robbery,  have  deliberately  examined  the  articles 
kM' :'■        ^fchaVge  exhibited  against  you  J  and    having  mattirely 
r£*>  V'  >veiched  iif.tl  comidcred  the  several  evidences  produced 

>*,■-..      ^    .    .  ,•>,'.  .  •    ■■■  ....*■•'■• 


A  - 


[  -35     ] 


?r  arnv- 
brought 
got  Cap- 
calico: — 

k'ho    6US- 

r  means, 
lentment 
el  3th  of 
hed  bed, 
alarmed 
ult  from 
situatioiit 
[)t,  before 
irstanlly 
on  deck, 
drs-^that 
[ols,  went 
nd  Stairs 

soon  as 
verboard. 
rht  have 
husband, 
»s  not  to 
;ould  ap- 
e  was  in« 

er\  stood 

>  > 

)ut  half  an ' 
prisoner, , 
in  His   Ex- 

rs  :  • 

)mmission- 

liraey,  iFel- 

Ithe  articles 

maturely 

ts  produced 


\. 


against  you  on  behalf  of  His  Majesty,  as  well  as  what  has 
been  alledeed  in  your  favour,  upon  the  whole  have  una- 
nimously found  you  guilty  of  the  several  articles  of  Pi-  'Y<t 
riicy,  Felony  and  Robbery,  wherewith  you  are  charged*    •• 
and  have  agreed  that  sentence  should  be  pronounced    '  .'i 
against  you  for  the  same  accordingly —  ;  .' 

[Here  the  Prisoner  was  asked  by  the  Registrar -if  he     .'f.;  ' 
had  any  thing  to  say,  why  sentence  of  death  should   not    "   'i 
be  pronounced  against  him~'he  asked  if  his  papers  had     '  V  .. 
been  examined.]  '  "     -.    •■    •''  • 

The  Court,  by  which  you  have  been  tried,  has  exam-    a  • 
ined  your  case  with  every  just  and  merciful  dispo  ition     ^   _ 
towards  you,  and  I  have  already  informed  you  that  the   -  '  ^ ' 
Commissioner  have  unanimously  pronounced  you.  guil-  .      , , 
ty.     Nothing  therefore,  now  remains  but  for  me,  as  Pre*  >,'-'••.. 
iident  of  this  Court,  to  perform  the  painful  duty  of  pro- "'V^^'' 
nouncing  the  dreadful  sentence  which  the  law  directs  to  bo,  '"^  ;  ,f, 
executed  upon  you  ;  not  only  as  a  just  punishment  forthe  ;'-^'^; 
horrid  crimes  of  which  you  have  been  this  day  convicted^f  "^'?^.,', 
but  as  an  example  to  allotliers,  of  the   vengeance  which  ,,■'"/.,, 
always  purfues  the  steps  of  the  murderer,  whom   no  art Z';^"  '*';;- 
can  save  from  the  sword  of  justice  in  this  life  ;  and  whose 
.  only  hope  in  the  world  to  come,  ?hust   depend  on  thd. 
mercies  of  the  Almighty. --You,  who  have  uhewn  neither 
mercy  or  compassion  to  your  fellow  creatures,  can  have    •    ^ 
none  to  expect  from  the  hand  of  man— Let  me  therefore,  .,     *  i 
exhort  you,  during  the  short  time  you  have  to   live,  that    ,.      ;' 
yo^i  do,  with  a  contrite  and  penitent  lieart  humble  your-, ;  '." ' 
self  .befoie  God,  and  seek  forgiveness  of  your  sins,  through'  '  /C  ., 

the  merits  and  intercession  of  our  blessed  Saviour,  Jesus/  v   Vv 
/-I  •',.'• 

VHRI9T.  •  »    .  - 

•    You,  EDWARD  JORDAN,   sliall    be   taken  from,        "  . 
hence  to   the   pla^from  whence^  you  came-  and  from;^   ',  ■ 
thence  to  the  place  of  Execution,  there  to  be  hanged  by,  ' 
the  neck  until  you  are  dead.— and  may  God   Almighty 
have  mercy  upon  your  soul. 

MARGARET  JORDAN   was  then  put  to  the  Bar,' 
when  his.  Excellency  the  President  said— that  the  Court  • 
had   considered   the  charges  brought  again  t  her,   and>'^»i*. 
from  some  circumstances  that  had  appeared  in  her  favor  ' T' ; 
on  the  trial,  adjudged  her  not  guilty.-  ,  ..-  . 


•  * 


■■() 


y. 


V- 


:>^^ 
^  ♦> 


V  i^p4:    !«Ye8terdayEDWARt)'' JORDAN  was   executed  pur- 

.■^iS-^-.V;     suantto  his  sentence  ;  and- we  arc  informed  by  the  Kev. 

I    Si*?M*     Clergyman  who  attended  him  in  his  last.moments^that 

•:v^*^'*       ^^  appeared'deeply  sensibly  of  the.  ei^ounity  of  his  crimRs« 

'^**  V'!^-' ai)d  died  sincerely  penitent. 

[f-.:^^-  t'  It  appears  by  Uie  written  confession  of  the  unfortunate 
i^^^i,;;*  man,  that  He  was  bori^  in  th&,pounty  of  Carlo,  Ireland-^ 
^■^?<iThat  he  yfni,\tii'jg'j,  under  sentence  of  death,  for  being 
W  •'-■  contcrncd  iii*  the  ■  rebellipn^  and  exercising  men  in  the 
rji' ;'*  night-^though  he  denies  'having  been  guilty  in  that  in-^ 
^^y\  stance  {  but^  acknowledges, '  that  he  joined  the  rebels, 
TUc  after  liav^hK'rriade  hii  escape-rand  claims  the  merit  of. 


Tip??  *  troops  J  and  soon  '^fter  was  married   to  his  present  wife 
/^iA.      .^Some  time  aft^,  he  came  to  America-^ went  to   New 


s^y.Capt<  Stairrfy^*  w^i^'"g  *»''^  ^^*^  ^?^'^^'*'^  Perce  j   and, 
it^^^'i  on  hi8^t'etdru'*td''^H^ifax."'  with  his   wife  and  family   on" 
^^^^|^^'    board,  in  a  moment  of  despeiation'hc  dei4i  mined  on  the  ' 
v^^-**.  '^'fatar'act*';Heacknowledg'id,that  it  was  his  intention  to- 
^^^^,^u^  ^m  Stairs'-;  ^but^dcclHres,  that  he  did  'not  intend    to  kill -^  ■: 
'-^^V  HEATH  or  MATTHEWS,  the  two  icamen.^He    af-   - 

'^^^^■'''^^^"^^f  *^^^"^''^^^'^"^'  .wife,  nor  Keiiy>  the  mate  of  the 
,;/*gip^i ;•;  schooner,  asst'tea   in  any  way  in  the    murJtr  of  ihoie'    " 
''I^^^^^V    men  ;  and  st/ttes 'that  the  latter  appeared  deranged,  un-^^ 

^rf'-'?^  tiiUhe  time  of  his  leaving  the  vessel  }   and  often  iaid^  he "  r- 

^    ''^       w6uld  "  putabad  endtohiniself." 


739. 


:='J 


■  ■^-••> 

.  •/-■•••.'. 

« 

•  •     *    ■ 
ed  pur- 
le  Kev. 
itHr  that 
crimrSf 


vrtunate 
;land~ 
>r  being   - 
1  in  the 
that  in-i 

rcbelsi 
nerit  oi-, 
ey  were 
;  of  his 

King's 
:nt  wife 

0  New 
:c-tjand 
ding  his.. 
,  while  . 

;  and, 
lily  oil'' 

1  on  the  ■ 
ition  to- 

to  kill  -^ 
He    af.   ' 
e  of  the 
>f  ihose'  - 
jed,  un-r^: 
iaid^hc  V" 

'■■■■■./'•■■■  :M 
:■-  '■  •■«?••,;■:.■ 


t  i 
'I 


